REVISED JUNE 2017
Used Kitchen Exchange Ltd at Rose Lea House, 63 Coroners Lane, Farnworth, Cheshire, WA8 9JB (the Agent)
The Agent advertises the sale of kitchens and or kitchen equipment on the web (“the Goods”) on behalf of a third party (“the Vendor”).
The Agent is appointed by the Vendor to sell Goods to the Purchaser. The sale of the Goods will be in accordance with these Terms and Conditions of Sale” (“henceforth “these Terms”) If the Purchaser does not accept these terms and conditions, the Purchaser will be unable to purchase the Goods.
- The sale of the Goods is between the Purchaser and the Vendor in accordance with and subject to these Terms.
The Agent’s Duties, the Agent will:
- Organise a viewing of the Goods when requested by the Purchaser.
- Facilitate the sale of the Goods between the Purchaser and the Vendor.
- Provide such details and information of the Goods as communicated to the Agent by the Vendor to give an overview of the type, quality and condition of the Goods. The Agent endeavours to ensure the accuracy of information that describes the Goods detailed on the web site. However, the Agent cannot warrant the accuracy of this information.
- Co-ordinate the collection of the Goods between the Purchaser and Vendor.
- The Purchaser is paying the Vendor on the Purchaser`s behalf.
The Purchaser’ Duties, the Purchaser agrees that:
- It is legally able to enter in to this contract and is eighteen years and over of age.
- On receipt of payment from the Purchaser to the Agent, the Purchaser agrees that the Agent may make payment to the Vendor on the Purchaser`s behalf.
- It will inspect the Goods to confirm the condition, completeness and working order of the Goods prior to placing an order for the Goods.
- To check the Goods at Collection and highlight any discrepancies against the sale information so that these can be resolved with the Vendor prior to transportation.
- Used kitchens will require cleaning.
- The Purchaser`s contact information can be passed to the Vendor by the Agent.
- It will Collect the Goods at the time agreed at the point of sale and that non-compliance with these requirements shall entitle the Agent to cancel the sales agreement on behalf of the Vendor.
In the event that the Vendor is a Business and the purchase is an Ex Display Good, the Purchaser has the right to cancel the Order within 14 days of receipt under the Consumer Contracts Regulations 2013. Cancellation must be received in writing with proof of delivery to the Vendor with confirmation to the Agent. The Purchaser must return the Goods within14 days of the notice and be responsible for the costs of return.
The kitchens are either ex display or second hand so there may be signs of wear and tear. If the Purchaser is unhappy with any aspect of the Goods and is minded to cancel the Purchase it should first notify the Agent of its concerns to allow the Vendor an opportunity of correcting any defect at its own expense.
2.Prices and Payment
A 10% deposit of the total price of the Goods (“the Deposit”) must be made to the Agent to secure the sale of the Goods. The Deposit is non-refundable. Full payment for the Goods is must be received by the Agent no later than 14 days before collection of Goods by the Purchaser or an alternative date that is agreed between the parties.
All payments are to be made by bank transfer: no other payment method is acceptable. (Note, please allow time for bank transfer of payment). If the Purchaser fails to make payment for the Goods in full in accordance with these terms.
If payment is not made on the specified dates, the Agent, acting on behalf of the Vendor, is entitled to terminate this contract and retain the Deposit.
The Agent may alter the price of the Goods at any time prior to payment of the deposit of the Goods
Without liability the Agent may at any time prior to collection of the Goods withdraw the sale.
The Agent offers a 14day Purchaser Protection Policy in the event that there is a problem with the Goods. The 14days commences from the day that the Goods are collected and notice must be received by the 14th day through a completed Customer Services form on the Website. The Agent will try to resolve the problem and will issue a recommendation to resolve the issue to the parties concerned.
The parties will try to resolve any disputes amicably using utmost good faith. If the parties are unable to resolve their dispute they agree to conciliation by a Centre for Effective Dispute Resolution [“CEDR”] mediator. If conciliation is unsuccessful in resolving the dispute either of the parties may refer the matter to the courts.
5.Default and Limitation
All guarantees, warranties and associated remedies stated in this agreement are exclusive. No other guarantees or warranty, whether written, oral or implied or inferred from any course of dealing or usage or trade shall apply. Except as expressly and specifically provided in this agreement, all guarantees warranties and other terms implied by statute and or common law are, to the fullest extent permitted by applicable law, excluded from this agreement (including those of merchantable, satisfactory quality, fitness for a particular purpose).
Except for any liabilities which cannot be excluded by law, despite any contrary provision of this agreement the Agent’s maximum aggregate liability arising under this agreement whether in contract, tort (including negligence) or any other statutory liability shall not exceed 10% of the website or reserve price for the Goods whichever is the greater.
The Agent shall not be liable for any loss of income, profits, goodwill, data, contracts, loss of use or production, loss of bargain or for any indirect and/ or consequential loss or damage in contract, tort or otherwise.
The Contract shall be governed by English law.
Where the Purchaser is a Consumer, these terms shall not affect the consumer`s statutory rights.